Landmark court case to determine right to grow and buy organic

By Courtney Trenwith

A dispute between neighbouring WA farmers over the contamination of an organic crop is set to create a legal precedent on the rights of farmers to grow non-genetically modified produce.

A writ was today lodged in the WA Supreme Court claiming loss of income and damages for Steve and Sue Marsh after they were stripped of their organic certification in 2010 because GM canola seeds contaminated their property.

Steve and Sue Marsh were stripped of their organic certification in 2010 because GM canola seeds blew over from a neighbouring property, contaminating their crop.

The seeds allegedly blew over from the neighbouring farm owned by Michael Baxter.

The discredited Marshes also are seeking an injunction preventing their farm from being re-contaminated, which could require Mr Baxter to create a buffer zone as wide as three kilometres, effectively cutting his farmable land.

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Such a ruling would have implications for farmers across the country.

The landmark case has divided the agricultural industry and attracted interest from around the world, with Canada, the United States and Europe also facing the issue of whether to protect organic farms.

Slater and Gordon practice manager Mark Walter said the case would put the spotlight on federal and state regulations, which presently provide for a five-metre buffer.

The court would need to determine what was an appropriate buffer between organic and non-organic farms and the means of implementing such a zone.

He expected to prove it was harder to prevent the spread of GM seeds than the law suggested.

"[The case] will put the spotlight on regulations and whether they're inadequate," he said.

Safe Food Foundation director Scott Kinnear said the case was critical to protect the right of consumers to choose what they eat.

"This is a battle for the future of what our food supply will look like," he said.

"People have the right to choose to eat non-GM foods and that's why this case is ... such a critical consumer rights issue.

"It's sad that farmers are involved because the Baxters' and Marshes' lives will be turned upside down."

The Safe Food Foundation is fundraising to support the case, while Slater and Gordon is acting pro bono.

Mr Walter said while there were responsibilities on both sides the Marshes had done "everything in their power" to protect their certification, including warning their neighbours via newspaper ads and erecting signs.

It could take five to 10 years for the Marshes to regain their organic certification, during which time they were unable to gain the 50-100 per cent premium they would be able to charge for their wheat and oats with the certification.

The exact financial loss was ongoing and could not be determined until they were re-certified, Mr Walter said.

"It is significant."

The WA Farmers Federation, whose 4000 members includes Mr Marsh but no longer Mr Baxter, was disappointed the dispute would be determined by a court with potential implications for all farmers.

"It is a pity that this matter has reached a point where it could not be sorted out neighbour-to-neighbour, over the back fence," president Dale Park said.

The federation supports the co-existence of GM and non-GM crops based on approved tolerances, but is open to industry regulation changes including relating to contamination, segregation, protection of individual growers and legal liability issues.

"Farmers should be allowed to use available technologies which have met the stringent approval processes established by state and federal governments," Mr Park said.

The case will go to trial early next year and is likely to take two years.